Terry v. Mayor
The Superior Court of New York City
Appeal from a judgment entered on the report of a referee. The plaintiff in this case was the assignee of a term in certain premises in the Oity of Hew York, which were injured by the flow of water upon them from a neighboring lot, which had on it a building with pipes for furnishing Croton water, which leaked.
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Appeal from a judgment entered on the report of a referee. The plaintiff in this case was the assignee of a term in certain premises in the Oity of Hew York, which were injured by the flow of water upon them from a neighboring lot, which had on it a building with pipes for furnishing Croton water, which leaked. The damages complained of, consisted of a reduction thereby of the value of the premises in question, expenses in pumping and bailing out the water, the loss of rent and indemnity to a tenant for the untenantability of the premises. The Referee, to whom all the issues were referred to…
1Opinion of the Court
By the Court—Robertson, J.
I think the error committed in the rule of damages adopted by the Eeferee, would be a sufficient cause for sending this case back to a new trial. Injury from a cause which could be ascertained, and the continuance of which could be prevented at a moderate expense, was not to be compensated for by a difference in the value of the lease, which might or might not have originated therefrom, particularly where there was evidently no malice.
But I think an error was committed in holding the defendants liable at all; their active intervention to produce the injury was not…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Waldron v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1850
3Cited by10 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- City of Tallapoosa v. GoebelCourt of Appeals of Georgia · 1940
- Brown v. City of New YorkNew York Supreme Court · 1900
- Donovan v. Board of EducationThe Superior Court of New York City · 1878
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